GENERAL TERMS & CONDITIONS
3007 TRAVEL SOLUTIONS d.o.o.
Trading as LUXURY BALKAN / LUXURY BALKAN TRAVEL CLUB
Registered Office: Rakite 2/1, Kotor, Montenegro
Company Registration No.: 51220079
VAT No.: 03646092
Tour Operator Licence No.: 711
Website: www.luxurybalkan.com
1. GENERAL
These General Terms & Conditions (“Terms”) apply to all travel services, travel programmes, tours, excursions, accommodation, transportation, transfers, experiences, cruises, yacht services, MICE programmes, incentive programmes, FIT arrangements, group travel and other travel-related services arranged by 3007 Travel Solutions d.o.o., trading as Luxury Balkan / Luxury Balkan Travel Club (“Luxury Balkan”, “Company”, “we”, “us” or “our”).
The person or entity purchasing or arranging services shall be referred to as the “Client”. Persons travelling under a Booking shall be referred to as “Travellers” or “Passengers”.
Acceptance of a quotation, proposal, itinerary, Booking Confirmation or invoice, or payment of any amount towards a Booking, constitutes acceptance of these Terms unless expressly agreed otherwise in writing.
2. BESPOKE TRAVEL PROGRAMMES
Luxury Balkan specialises in individually designed and professionally operated travel programmes.
Each itinerary may consist of multiple interconnected services, including transportation, accommodation, restaurants, excursions, guides, experiences and other arrangements.
Where a particular service is expressly included and confirmed in the agreed itinerary, Luxury Balkan shall use reasonable commercial efforts to provide that service as confirmed.
Certain services may be subject to limited availability, capacity restrictions, seasonal operation, supplier conditions or operational limitations.
3. CONFIRMED SERVICES
A service shall be considered confirmed when it is expressly confirmed in writing by Luxury Balkan or by the relevant Supplier acting through Luxury Balkan.
Once confirmed, the Company shall make reasonable efforts to ensure that the service is delivered substantially in accordance with the agreed Booking.
Where a confirmed service becomes unavailable, the Company shall endeavour to provide an appropriate alternative.
4. SUPPLIER CHANGES, CANCELLATIONS AND NON-PERFORMANCE
Luxury Balkan works with independent hotels, transportation companies, airlines, railway operators, restaurants, guides, excursion providers, cruise operators and other third-party Suppliers.
Where a Supplier changes, cancels, overbooks or otherwise fails to provide a confirmed service, Luxury Balkan shall take reasonable steps to minimise disruption to the Client.
Depending on circumstances, an alternative may include:
alternative transportation;
alternative accommodation;
an upgrade;
a replacement excursion;
private transportation;
premium transportation;
an alternative venue;
an alternative restaurant;
an alternative activity; or
another commercially reasonable substitute.
The Company shall take into consideration the nature, standard, timing and purpose of the original service when selecting an alternative.
5. OVERBOOKING
5.1 Supplier Overbooking
Where a confirmed hotel, transportation provider, railway operator, airline, restaurant, excursion provider or other Supplier is unable to provide a confirmed service due to overbooking, capacity management or an internal allocation error attributable to the Supplier, the Supplier shall, where commercially and operationally possible, provide an alternative of equal or higher category, quality and value without additional charge to the Client.
5.2 Upgrade Obligation
Where an equivalent alternative is not available, the Company shall seek an upgrade or superior alternative at no additional cost to the Client, provided that such alternative is reasonably available.
Where necessary to preserve an essential component of the confirmed itinerary, the Company may arrange a higher-category or premium replacement service.
5.3 No Downgrade Without Remedy
A downgrade of a confirmed service shall not be treated as an equivalent substitution.
Where a downgrade is unavoidable, the Client shall be entitled, subject to applicable law and the specific circumstances, to an appropriate price adjustment, refund or other remedy.
6. SERVICE LEVEL AND COMPENSATION
Where Luxury Balkan is contractually responsible for a material failure to provide a confirmed service, the appropriate remedy may include a refund, price reduction, replacement service or other compensation, subject to applicable law and the circumstances of the Booking.
For guidance and commercial administration, the following levels may apply where legally permissible:
Minor Service Difference
For a minor deficiency that does not materially affect the Travel Programme:
up to 5% of the value of the affected service.
Material Service Deficiency
Where the delivered service materially differs from the confirmed service:
5%–15% of the value of the affected service.
Significant Failure
Where an important confirmed service is not provided and no reasonably equivalent replacement is available:
15%–30% of the value of the affected service, together with any applicable remedy required by law.
Complete Non-Performance
Where a confirmed service is entirely unavailable and no reasonable substitute can be provided:
up to 100% of the value of the affected service, together with any additional remedy required by applicable law.
These percentages are intended as general contractual guidelines and shall not limit any mandatory rights or remedies available to the Client under applicable law.
7. REPLACEMENT SERVICES, EQUIVALENT ALTERNATIVES AND UPGRADES
7.1. Where a confirmed Service becomes unavailable, cancelled, overbooked, withdrawn or otherwise cannot be provided as originally confirmed for reasons attributable to the relevant Supplier, the Company shall use reasonable efforts to provide a replacement service of equivalent nature, category, quality, value and functionality.
7.2. Where no equivalent replacement service is reasonably available, the Company shall provide a higher-category, higher-quality or otherwise superior alternative (“Upgrade”) at no additional cost to the Client, provided that such alternative is reasonably available and suitable for the purpose of the original Service.
7.3. The Client shall not be required to accept a lower-category or materially inferior service as an equivalent replacement where a superior alternative is reasonably available.
7.4. An Upgrade may include, depending on the nature of the original Service, a higher category of transportation, accommodation, seating, cabin, vehicle, experience, venue, service level or other travel component.
7.5. Where the original Service is unique, capacity-controlled, date-specific, location-specific or otherwise not reasonably substitutable, and no equivalent replacement is available, the Company shall seek to preserve the essential purpose and standard of the Service by providing the most appropriate superior alternative reasonably available.
7.6. In such circumstances, the Company may select an alternative of a materially higher value or category where this is reasonably necessary to preserve the agreed Travel Programme.
7.7. The absence of an equivalent or identical replacement shall not, in itself, constitute grounds for providing a lower-category substitute where a higher-category alternative is reasonably available.
7.8. Where an Upgrade is provided as a consequence of Supplier overbooking, cancellation, capacity failure or other Supplier non-performance, the Client shall not be charged the difference between the originally confirmed Service and the Upgrade.
7.9. Where the cost of the Upgrade or other replacement arrangement arises from a Supplier's failure to provide the confirmed Service, the Company reserves the right to recover the additional cost from the responsible Supplier to the extent permitted by applicable law.
7.10. Where no suitable equivalent or superior replacement is reasonably available, the Client shall be entitled to the applicable refund, price reduction or other remedy provided under these Terms, the Booking conditions or mandatory applicable law.
7.11. Nothing in this provision shall require the Company to provide a replacement that is objectively unsuitable, unsafe, unavailable, prohibited by law or incapable of fulfilling the essential purpose of the original Service.
7.12. For the purposes of assessing whether a replacement is equivalent or superior, the Company may consider the totality of the relevant characteristics, including category, quality, value, duration, location, timing, capacity, comfort, exclusivity and the principal purpose for which the Service was included in the Travel Programme.
8. ALTERNATIVE ARRANGEMENTS
Where a confirmed service cannot be delivered, Luxury Balkan may determine the most appropriate alternative based on:
availability;
safety;
timing;
geographical location;
quality;
category;
functionality;
suitability for the group;
continuity of the itinerary; and
the overall purpose of the Travel Programme.
The cheapest available alternative will not necessarily be considered the most appropriate alternative.
Where reasonably necessary, alternative arrangements may involve premium or privately arranged services.
9. ADDITIONAL COSTS CAUSED BY SUPPLIER FAILURE
Where a Supplier fails to provide a confirmed service and the Company incurs reasonable additional costs in order to protect the Client or preserve the agreed itinerary, such costs may include:
alternative transportation;
additional accommodation;
replacement tickets;
upgraded services;
emergency transportation;
additional personnel;
additional guide or driver services;
cancellation and amendment charges;
administrative costs;
reasonable communication costs; and
other reasonable expenses directly resulting from the failure.
Luxury Balkan reserves the right to pursue recovery of such amounts from the responsible Supplier where legally permissible.
10. CLIENT REQUESTED CHANGES
Any change requested by the Client after confirmation is subject to availability.
All resulting costs shall be payable by the Client.
Such costs may include fare differences, cancellation charges, amendment fees, new reservations, transportation costs, hotel costs, guide fees, administrative expenses and other resulting charges.
11. CANCELLATION BY THE CLIENT
11.1. Once a Booking has been confirmed and accepted by the Client, a non-refundable deposit equal to 20% of the total Booking value shall become immediately due and non-refundable, subject to any mandatory rights provided by applicable law.
11.2. The 20% non-refundable deposit reflects, among other things, the Company's reservation, planning, administration, supplier coordination and allocation of resources, as well as costs and commitments that may arise immediately upon confirmation of the Booking.
11.3. Cancellation of a confirmed Booking by the Client does not automatically entitle the Client to a refund of amounts already paid.
11.4. Unless different cancellation conditions are expressly stated in the Booking Confirmation, the following cancellation schedule shall apply:
| Time before first service | Cancellation charge |
|---|---|
| More than 60 days | 20% of total Booking value |
| 60–46 days | 30% of total Booking value |
| 45–31 days | 50% of total Booking value |
| 30–15 days | 70% of total Booking value |
| 14–8 days | 85% of total Booking value |
| 7–3 days | 95% of total Booking value |
| 2 days or less | 100% of total Booking value |
| No-show | 100% of total Booking value |
11.5. The applicable cancellation charge shall be calculated by reference to the total Booking value unless the specific Booking conditions provide for separate cancellation terms for individual services.
11.6. Where individual Suppliers impose cancellation charges that are higher than the standard percentages stated above, the Client may be charged the actual non-refundable amount incurred by the Company, provided such charge is permitted under applicable law and the relevant Booking conditions.
11.7. Certain services may be designated as strictly non-refundable from the moment of confirmation due to their nature, including, without limitation, specially contracted accommodation, private transportation, charter services, event tickets, limited-capacity experiences, deposits to third-party Suppliers and other services expressly identified as non-refundable in the Booking.
11.8. Where a Booking contains one or more strictly non-refundable services, the applicable non-refundable amount shall remain payable regardless of the date on which the Client cancels.
11.9. Where cancellation occurs after the Company has entered into binding commitments with Suppliers, the Client shall be responsible for the applicable cancellation charges, non-refundable deposits and other costs that the Company is contractually required to pay or cannot reasonably recover.
11.10. Cancellation of part of a Booking may be treated as a partial cancellation and may result in recalculation of rates, minimum group requirements, rooming arrangements, transportation costs and other contracted services.
11.11. Reduction in the number of Travellers may constitute a partial cancellation and may result in additional charges where the reduction affects minimum numbers, room allocations, transportation arrangements, group rates or other contractual conditions.
11.12. A change of travel dates requested by the Client may be treated as a cancellation of the original arrangements and creation of a new Booking where Suppliers do not permit a free amendment.
11.13. Failure by the Client or Traveller to appear for a confirmed service shall constitute a no-show and shall normally result in a 100% charge for the affected service.
11.14. Failure to use a service voluntarily, including late arrival, early departure, missed transportation or failure to attend an included activity, shall not automatically create a right to a refund.
11.15. Where a cancellation is caused by the Client's personal circumstances, change of plans, inability to travel, failure to obtain appropriate travel documentation or any other circumstance within the Client's responsibility, the applicable cancellation charges shall remain payable, subject to mandatory applicable law.
11.16. Any refund due after deduction of applicable cancellation charges shall be processed after the Company has completed reconciliation of Supplier charges and other amounts connected with the cancelled Booking.
11.17. The Company may deduct applicable cancellation charges, non-refundable Supplier costs, payment processing fees, bank charges and other properly chargeable amounts from sums already paid by the Client.
11.18. Where the amount already paid is insufficient to cover the applicable cancellation charges and costs, the Client shall remain liable for the outstanding balance to the extent permitted by applicable law.
11.19. The cancellation provisions of this section apply without prejudice to any stricter or separately negotiated cancellation conditions expressly stated in a quotation, Booking Confirmation, invoice or contract.
11.20. Nothing in this section shall exclude or restrict any cancellation, withdrawal, refund or other statutory right that cannot lawfully be excluded or restricted.
12. CHANGES TO A TRAVEL PROGRAMME, CRITICAL SERVICES AND NON-SUBSTITUTABLE COMPONENTS
12.1. BESPOKE NATURE OF THE TRAVEL PROGRAMME
Luxury Balkan specialises in individually designed, bespoke and luxury Travel Programmes, which may extend over multiple days or weeks and may include numerous interconnected services, reservations and contractual commitments.
Once a Travel Programme has been confirmed, the Company may immediately enter into binding commitments with hotels, railway operators, airlines, transportation companies, private drivers, guides, restaurants, yacht operators, charter companies, excursion providers, event organisers and other Suppliers.
Accordingly, any subsequent change to a confirmed Travel Programme may have financial, operational and contractual consequences extending beyond the individual service being changed.
12.2. CLIENT-REQUESTED CHANGES
Any request by the Client to modify, postpone, shorten, extend, replace, remove, add or materially alter any part of a confirmed Travel Programme shall constitute a Programme Change Request.
The Company shall have no obligation to accept a requested change where such change materially affects the feasibility, availability, pricing, contractual structure or operational integrity of the confirmed Travel Programme.
No change shall become effective until expressly confirmed in writing by the Company.
12.3. CHANGE FEES
For Client-requested changes to a confirmed Travel Programme, the following minimum Change Fees shall apply:
| Time before first service | Minimum Change Fee |
|---|---|
| More than 90 days | 10% of the value of affected services |
| 90–61 days | 20% |
| 60–46 days | 30% |
| 45–31 days | 40% |
| 30–15 days | 60% |
| 14–8 days | 75% |
| 7–3 days | 90% |
| 2 days or less | 100% |
These Change Fees are separate from and in addition to actual cancellation charges, amendment fees, Supplier penalties, fare differences, rate differences and other documented costs incurred as a result of the requested change.
12.4. CASCADING COSTS
The Client acknowledges that a change to one component of a long-duration or bespoke Travel Programme may affect numerous subsequent arrangements.
The Client shall therefore be responsible for all reasonable and documented costs directly resulting from the requested change, including, without limitation:
hotel cancellation and amendment charges;
loss of contracted or preferential rates;
loss of group rates or complimentary allocations;
transportation cancellation and rebooking costs;
railway and airline amendment charges;
private vehicle and driver costs;
guide and escort cancellation fees;
restaurant cancellation charges;
yacht and boat cancellation charges;
charter and premium transportation costs;
additional accommodation;
additional transfers;
additional personnel;
non-refundable Supplier deposits;
administrative and operational costs;
payment processing and banking costs; and
reasonable costs incurred in reconstructing and re-coordinating the Travel Programme.
12.5. MATERIAL PROGRAMME CHANGES
A change shall be considered a Material Programme Change where it affects one or more of the following:
travel dates;
destination;
route;
number of nights;
principal transportation;
railway journeys;
private aviation;
yacht or boat services;
principal excursions;
exclusive or limited-capacity experiences;
accommodation structure;
arrival or departure arrangements;
group size; or
the overall sequence or essential structure of the Travel Programme.
A Material Programme Change may require cancellation and reconstruction of substantial portions of the original Travel Programme.
In such circumstances, the Company may apply the applicable cancellation charges to affected services in addition to the relevant Change Fee.
12.6. LONG-DURATION PROGRAMMES
For Travel Programmes of 14 nights or more, any Client-requested change that materially alters the itinerary may require a complete recalculation of the programme.
The original quotation, rates, Supplier availability, room allocations, transportation conditions, group rates, complimentary arrangements and other commercial conditions shall not be guaranteed following a Material Programme Change.
The Company may therefore recalculate the affected programme using the rates and availability applicable at the time the change is requested.
12.7. CHANGES TO TRAVEL DATES
A request to change the dates of a confirmed Travel Programme may be treated as a cancellation of the original arrangements and the creation of a new Booking where Suppliers do not permit a free date change.
All applicable cancellation charges, rebooking costs, fare differences, rate differences and Supplier charges shall be payable by the Client.
The Company shall not be responsible for maintaining the original price or availability following a Client-requested date change.
12.8. REDUCTION OF SERVICES OR PASSENGERS
Removal of destinations, nights, transportation segments, excursions, experiences, meals or other confirmed components shall constitute a partial cancellation and shall be subject to the applicable cancellation conditions.
A reduction in the number of Travellers may result in loss of group rates, complimentary allocations, minimum-number rates, transportation rates or other commercial benefits.
Any resulting increase in per-person costs or Supplier charges shall be payable by the Client.
CRITICAL AND NON-SUBSTITUTABLE SERVICES
12.9. DEFINITION
Certain services may be expressly identified by the Company as Critical Services or Non-Substitutable Services.
These are services which, because of their unique character, limited availability, specific route, date, location, exclusivity, capacity or importance to the Travel Programme, do not have a reasonably equivalent commercial substitute.
Such services may include, without limitation:
unique railway journeys;
specific scenic or panoramic transportation;
exclusive transportation;
private aviation;
charter services;
yacht charters;
specially contracted events;
limited-capacity experiences;
unique accommodation;
exclusive venues; and
other services expressly identified as essential components of the Travel Programme.
12.10. ESSENTIAL NATURE OF CRITICAL SERVICES
Where a Critical Service has been expressly confirmed, it shall be considered an essential component of the Travel Programme.
The mere availability of another service shall not automatically constitute an adequate replacement.
A replacement shall only be considered equivalent where it reasonably preserves the principal purpose, quality, category, timing, exclusivity, geographical relevance and essential character of the original service.
12.11. MANDATORY UPGRADE WHERE NO EQUIVALENT EXISTS
Where a confirmed Critical Service becomes unavailable, cancelled, overbooked, withdrawn or otherwise cannot be provided, the responsible Supplier shall, to the extent reasonably possible, provide a replacement of equal or higher category, quality, value and functionality.
Where no equivalent replacement is reasonably available, a superior or upgraded alternative shall be required.
The Client shall not be required to accept a lower-category, materially inferior or commercially cheaper substitute where a superior alternative is reasonably available.
Any such Upgrade shall be provided without additional charge to the Client where the failure is attributable to the relevant Supplier or another party responsible for the non-performance.
12.12. OVERBOOKING OF A CRITICAL SERVICE
Where a confirmed Critical Service cannot be provided due to overbooking, incorrect allocation, capacity management, administrative error, failure to honour a confirmed reservation or another circumstance attributable to the Supplier, the Supplier shall be expected to remedy the failure by providing an equivalent service or, where none exists, an Upgrade.
The Supplier shall not discharge its obligation merely by refunding the original booking where a suitable superior alternative is reasonably available and necessary to preserve the confirmed Travel Programme.
12.13. UNIQUE SERVICES
Where the Company has specifically selected and confirmed a service because of its unique nature and no reasonably equivalent substitute exists, such service shall be treated as a Non-Substitutable Service.
For such services, replacement with a materially different or inferior product shall not constitute equivalent performance.
Where necessary to preserve the essential purpose of the Travel Programme, a superior or premium alternative shall be required.
12.14. FAILURE TO PROVIDE A CRITICAL SERVICE
Failure to provide a confirmed Critical or Non-Substitutable Service, without an appropriate equivalent or superior replacement, shall constitute a Material Failure of Performance.
Subject to applicable law, the Company shall be entitled to seek from the responsible Supplier:
a) reimbursement of the full value of the affected service;
b) reimbursement of all reasonable additional costs incurred in securing a replacement;
c) reimbursement of any premium, upgraded, private or charter replacement reasonably required to preserve the Travel Programme;
d) compensation for directly resulting and documented losses;
e) contractual damages or other remedies available under the applicable Supplier agreement;
f) reasonable professional, administrative and legal costs to the extent recoverable under applicable law; and
g) any additional damages or remedies available under applicable law.
12.15. PRE-AGREED COMPENSATION FOR CRITICAL SERVICES
Where a Critical Service has been expressly confirmed as an essential or Non-Substitutable Service, and the responsible Supplier fails to provide that confirmed service and fails to provide an equivalent or superior replacement in accordance with these Terms, the Supplier shall be liable for pre-agreed contractual compensation equal to 100% of the total value of the affected Critical Service.
This 100% pre-agreed compensation shall apply in addition to, and shall not be deemed to replace, the obligation to reimburse any reasonable and documented additional costs incurred by the Company in securing a replacement service, including premium, upgraded, private or charter arrangements, where such recovery is permitted by applicable law.
Where the failure of the Critical Service requires the Company to procure an alternative service at a higher cost in order to preserve the essential character of the Travel Programme, the responsible Supplier shall be responsible, to the fullest extent permitted by applicable law, for:
a) 100% pre-agreed contractual compensation based on the value of the affected Critical Service;
b) the full reasonable and documented additional cost of the replacement service;
c) reasonable emergency, administrative and operational expenses directly resulting from the failure; and
d) any further documented loss or damage recoverable under the applicable contract or law.
The payment or reimbursement of the original service value shall therefore not, by itself, constitute full satisfaction of the Supplier's obligations where the Company has incurred additional costs or legally recoverable losses as a direct consequence of the failure.
The parties acknowledge that Critical Services are selected precisely because of their essential, unique or Non-Substitutable character and that failure to provide such a service may cause consequences materially exceeding the purchase price of the individual service.
The 100% pre-agreed compensation represents the parties' agreed contractual measure of the minimum financial consequence of failure to provide a confirmed Critical Service, to the maximum extent legally enforceable, and shall not limit any additional recovery that may be available under applicable law.
12.16. EMERGENCY REPLACEMENT
Where a Critical Service fails shortly before or during the Travel Programme and ordinary alternatives are no longer reasonably available, the Company may procure the most appropriate commercially reasonable alternative available.
Such alternative may include premium transportation, private transportation, charter services, upgraded accommodation, private aviation or other superior arrangements where reasonably necessary to preserve the Travel Programme.
Where such expenditure results from Supplier non-performance, the Company shall be entitled to seek recovery of the reasonable and documented additional costs from the responsible Supplier to the fullest extent permitted by applicable law.
12.17. NO ECONOMIC SUBSTITUTE PRINCIPLE
A Supplier shall not be considered to have adequately performed merely by offering the cheapest, simplest or most readily available alternative.
The replacement must reasonably preserve the purpose, quality, category, exclusivity, timing and essential characterof the confirmed Critical Service.
Where an equivalent service cannot be provided, an Upgrade shall be required where reasonably available.
12.18. ESSENTIAL ITINERARY COMPONENT
Where a Critical Service is identified as an essential component of the Travel Programme, failure to provide that service may materially affect the value and purpose of the Travel Programme as a whole.
In such circumstances, the Company's claim shall not necessarily be limited to the purchase price of the affected service.
The Company may seek recovery of reasonable and documented consequential costs, losses and expenses to the extent recoverable under the applicable contract and law.
12.19. CLIENT REQUESTED REPLACEMENT
Where the Client, rather than the Supplier, requests replacement of a Critical or Non-Substitutable Service, such request shall be treated as a Client-requested Programme Change and shall be subject to the applicable Change Fees, cancellation charges and Supplier costs.
12.20. CHANGES REQUIRED BY THE COMPANY
The Company may make reasonable operational changes where required due to safety, legal, weather, operational, logistical or Supplier circumstances.
Where a confirmed service becomes unavailable due to circumstances attributable to a Supplier, the Company shall first seek an equivalent replacement.
Where no equivalent replacement is reasonably available, the Company shall seek to provide a superior alternative or Upgrade without additional charge to the Client.
12.21. FORCE MAJEURE
Where a Critical Service cannot be provided due to Force Majeure, the Company shall use reasonable efforts to identify an appropriate alternative.
Where no equivalent alternative exists, the Company shall seek the most appropriate available solution having regard to safety, feasibility, quality and the essential purpose of the Travel Programme.
Nothing in this section shall impose liability for circumstances which cannot legally be attributed to the Company or Supplier.
12.22. DOCUMENTATION OF FAILURE AND LOSS
Where a claim is made against a Supplier in relation to a Critical Service, the Company may document the claim through:
confirmed reservations;
Booking Confirmations;
Supplier correspondence;
written confirmations;
invoices;
replacement service quotations;
emergency transportation costs;
premium or private replacement costs;
additional accommodation costs;
additional personnel costs;
client contractual obligations;
documented client compensation obligations;
administrative costs;
professional costs; and
other evidence relevant to the financial consequences of the failure.
12.23. NO RELEASE BY SIMPLE REFUND
A unilateral refund of the original service price shall not automatically constitute full satisfaction of the Supplier's obligations where the Company has incurred additional reasonable costs or losses as a direct result of the Supplier's failure.
Acceptance of a partial refund shall not constitute a waiver of further rights unless expressly agreed in writing.
12.24. COMMERCIAL AND CONTRACTUAL REMEDIES
The remedies contained in this section are intended to establish a clear contractual framework for the protection of confirmed Travel Programmes and to ensure that Suppliers bear the reasonable financial consequences of failing to provide essential confirmed services.
The Company reserves all contractual, statutory and other remedies available under applicable law.
12.25. MANDATORY LAW
All Change Fees, contractual compensation, Upgrade obligations, pre-agreed damages and other remedies contained in this section shall apply to the maximum extent permitted by applicable law.
Nothing in these Terms shall exclude, waive or restrict any mandatory statutory right, remedy or limitation concerning contractual penalties, liquidated damages, consequential losses or other forms of compensation.
13. TRANSPORTATION
Transportation services are subject to the conditions of the relevant carrier.
Schedules may be affected by traffic, weather, operational restrictions, road closures, border controls, strikes, technical circumstances and other factors beyond the Company's reasonable control.
Where a confirmed transportation service becomes unavailable, Luxury Balkan shall use reasonable efforts to arrange an appropriate replacement.
14. RAIL SERVICES
Rail reservations may be subject to capacity restrictions and railway operating conditions.
Where a confirmed rail journey is cancelled, withdrawn, overbooked or otherwise unavailable due to the railway operator's circumstances, Luxury Balkan shall seek an appropriate alternative.
Where an equivalent alternative is unavailable, a higher-category or premium alternative may be arranged where reasonably necessary to preserve the itinerary.
15. HOTELS
Where a confirmed hotel is unable to honour a reservation due to overbooking or another circumstance attributable to the hotel, the hotel should provide alternative accommodation of equal or higher category without additional charge.
Where appropriate alternative accommodation is unavailable, Luxury Balkan may arrange alternative accommodation and seek recovery of reasonable additional costs from the responsible Supplier.
16. RESTAURANTS AND EXPERIENCES
Restaurant reservations, excursions and experiences are subject to Supplier availability and operating conditions.
Where a confirmed reservation cannot be honoured, Luxury Balkan shall endeavour to provide a comparable or superior alternative.
Where a material service cannot be replaced, an appropriate refund or other remedy may apply subject to the circumstances and applicable law.
17. PRIVATE AND PREMIUM SERVICES
Where a premium or private service is specifically included and confirmed in the Travel Programme, the Company shall make reasonable efforts to provide the confirmed service.
If the confirmed service becomes unavailable, the Company may arrange an alternative service of equivalent or higher standard where reasonably possible.
Premium replacement services may involve materially higher costs. Where such costs arise from a Supplier's failure, the Company may seek recovery from the responsible Supplier to the extent permitted by law.
18. FORCE MAJEURE
The Company shall not be responsible for failure or delay caused by circumstances beyond its reasonable control, including severe weather, natural disasters, war, terrorism, civil unrest, governmental restrictions, strikes, epidemics, pandemics, infrastructure closures, major transport disruption or other Force Majeure Events.
Where possible, the Company shall seek practical alternatives.
19. TRAVEL DOCUMENTS
Travellers are responsible for ensuring that they possess valid passports, visas and other required travel documents.
The Company may provide general travel information but does not guarantee entry into any country.
Any costs resulting from inadequate documentation remain the responsibility of the Client.
20. PAYMENT
Payments must be made according to the schedule stated in the Booking Confirmation or invoice.
Late payment may result in cancellation or suspension of services.
Bank charges, card fees and currency conversion costs may be charged to the Client where applicable.
21. TRAVEL INSURANCE
Comprehensive travel insurance is strongly recommended.
The Company recommends cover for cancellation, interruption, medical expenses, evacuation, baggage, delays and other relevant travel risks.
22. CLIENT RESPONSIBILITIES
The Client and Travellers shall:
provide accurate information;
comply with applicable laws;
comply with Supplier rules;
respect safety instructions;
arrive at agreed meeting points on time;
protect property belonging to Suppliers; and
promptly inform the Company of any material problem affecting the Travel Programme.
23. LIABILITY
Luxury Balkan shall be responsible for the Services it is legally responsible for providing, subject to applicable law.
The Company shall not be responsible for losses caused exclusively by a Traveller, an independent Supplier, Force Majeure or other circumstances beyond the Company's reasonable control, except where mandatory law provides otherwise.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.
24. MITIGATION OF LOSS
The Client agrees to cooperate reasonably with the Company in mitigating any loss or disruption.
Where an alternative service is offered that reasonably preserves the essential character of the original arrangement, the Client shall give reasonable consideration to such alternative.
The Company shall also take reasonable steps to minimise any loss arising from operational disruption.
25. CLAIMS AND REFUNDS
Any claim should be communicated to Luxury Balkan as soon as reasonably possible.
Where a refund or price reduction is due, it shall normally be calculated by reference to the value of the affected service rather than the total value of the entire Travel Programme, unless the failure materially affects the Travel Programme as a whole or applicable law requires otherwise.
Refunds shall not exceed the amount actually paid for the affected service unless a greater amount is required by applicable law or otherwise expressly agreed.
26. BUSINESS AND GROUP BOOKINGS
For group, corporate, incentive and MICE programmes, the Company may apply specific contractual conditions concerning minimum group size, deposits, rooming lists, release dates, cancellation charges, attrition, transportation and programme changes.
Such specific conditions shall prevail over these general provisions where expressly agreed.
27. DOCUMENTATION
Electronic correspondence, Booking Confirmations, invoices, payment records, supplier confirmations, electronic tickets and other digital records may be used as evidence of the Booking and the services confirmed.
28. GOVERNING LAW
Unless otherwise expressly agreed in writing, these Terms and the contractual relationship shall be governed by the laws of Montenegro, subject to any mandatory provisions of applicable international or consumer law.
29. JURISDICTION
Unless mandatory law provides otherwise, disputes shall be submitted to the competent courts of Montenegro.
For international B2B contracts, the parties may expressly agree a different governing law and jurisdiction.
30. SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law.
31. FINAL PROVISION
These General Terms & Conditions are intended to provide a clear and transparent contractual framework for the organisation and delivery of professional travel services by 3007 Travel Solutions d.o.o., trading as Luxury Balkan / Luxury Balkan Travel Club.
Nothing in these Terms shall be interpreted as excluding or limiting any mandatory statutory right of a Client or Traveller.
3007 TRAVEL SOLUTIONS d.o.o.
Trading as LUXURY BALKAN / LUXURY BALKAN TRAVEL CLUB